Disciplinary Framework Flashcards
Grounds for complaints against pharmacists
- professional misconduct
- improper act/conduct which brings disrepute to profession
- conviction of offense under PRA or drug related legislation
- conviction of fraud or dishonesty, or implying a defect in character
- physical or mental fitness to practise
How might a member of the public bring a complaint against a pharmacist?
In writing with a statutory declaration (appear before commissioner of oath to declare what is written is true & obtain official stamp of commissioner of oath)
How might SPC initiate a complaint against a pharmacist?
- Refer the complaint or information on conviction of offence implying defect in character (e.g. stealing, tax evasion)
- Refer information on conviction of offence in Singapore or elsewhere
- Refer contravention in using title of pharmacist or pharmacist specialist
- Statutory declaration not needed for public officer or SPC officer
Composition of Complaints Panel
- SPC members (at least 5): includes Chairman of Complaints Panel appointed by SPC, term according to SPC term
- Senior pharmacists (10-40): at least 10 y standing, term of 2 years eligible for reappointment
- Lay persons (6-40): nominated by Minister, term of 2y eligible for reappointment
Functions of Complaints Panel
- All complaints relating to professional misconduct, improper act or conduct that brings disrepute to the profession are referred to chairman of Complaints panel
- Forms CC and DC (members drawn from Complaints Panel)
Composition of Complaints Committee (CC)
4 members:
- Chairman (council member)
- 2 registered pharmacists (max 1 council member)
- lay person
Functions of CC
all members form a quorum for a CC meeting -> all members have 1 vote, chairman has casting vote
Decision in writing and signed by all members
Determines if
- sanctions or orders are needed against the pharmacist
- complaint inquiry needs to be referred to DC or HC
Process of inquiry for CC
Completed within 3 months:
- Seek legal advice & call upon any person necessary to assist in investigation before making its finding
- Require production of related document or record
- Require reg pharmacist to give all information related to documentation
- Call on reg pharmacist to answer (in writing) any allegations within 21 days (serve copies of complaint & stat declaration)
- Reg pharmacist has no right to be heard in person
Determinations of CC
No formal inquiry: letter of advice, warning, complaint be dismissed or other such order as it thinks fit
Formal inquiry: refer to DC or HC
Report to SPC its findings or orders
Appeal to Minister against CC decision within 30 days: complainant (from date notified), pharmacist (if order was issued)
Composition and function of DC (Disciplinary Committee)
Conduct formal inquiry into complaint against pharmacist
At least 4 members:
At least 3 reg pharm of 10y standing (at least 2 from council)
Chairman appointed by council
Lay person w/o voting right & need not be present at every meeting
Proceedings of DC
Detailed representations by both the council (DC also assisted by legal assessor) and the pharmacist
- Any person giving evidence before a DC is legally bound to tell the truth
- Make its finding and order within 6 months from its date of appointment
Determinations of DC if registered pharmacist is convicted
- Removal of name from appropriate register
- Suspension from register for 3mo -3y
- Restrict practice for up to 3 y
- Impose penalty, max $50,000
- Issue a censure, warning or advice in writing to pharmacist
- Require undertaking from pharmacist to abstain from complained conduct
- Order pharmacist to pay costs incidental to the inquiry before the DC, including costs of any assessor and solicitor appointed by SPC
- Any such order DC considers as appropriate
Appeal within 30 days to High Court after notice of order served
What is the disciplinary framework for pharmacists?
Chairperson of Complaint panel determines if case warrants investigation -> refer to CC, DC (rare) or HC, (& IOC if necessary)
CC decides if formal inquiry is necessary -> refer to HC or DC, (& IOC if necessary)
DC conduct formal inquiry & refer to HC (& IOC if necessary)
Procedure for DC referral to HC
- Matter touches on pharmacist’s physical and mental condition, DC refer to the HC
- HC thinks that fitness of the pharmacist is an issue -> HC handle the case & DC cease to function in relation to the case
Composition and function of HC (Health Committee)
Not less than 3 council members (appointed by SPC)
Term of 2y eligible for reappointment
Determine physical & mental fitness of pharmacist to practise
